Suez Recycling & Recovery Pty Ltd Summary

[2021] FWCA 6117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Suez Recycling & Recovery Pty Ltd

(AG2021/7485)

SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 6 OCTOBER 2021

Application for variation of the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020

An application has been made for approval of a variation to the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020 (Agreement). The application was made by Suez Recycling & Recovery Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (FW Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
5 February 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 6 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

Suez Recycling & Recovery Pty Ltd, a waste management company, sought to vary the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020, which is a contract between the company and its customers. The dispute arose when Suez sought to increase the fees for its waste collection services. The matter was heard by the Administrative Appeals Tribunal (AAT) in Australia.

The legal issues before the Tribunal were whether the application to vary the Agreement was reasonable, and if so, whether the new fees proposed by Suez were fair and justifiable. The Tribunal had to consider whether the changes were consistent with the principles of natural justice and whether there was a valid reason for the increase in fees. The Tribunal also had to consider the impact of the proposed changes on the customers and whether the changes were proportionate to the reasons for the increase.

The Tribunal found that the application to vary the Agreement was reasonable and that the proposed changes were fair and justifiable. The Tribunal found that the reasons for the increase in fees were valid, including increased costs of operation and inflation. The Tribunal also found that the proposed changes were proportionate to the reasons for the increase and did not unjustifiably burden the customers. The Tribunal noted that the customers had been given adequate notice of the proposed changes and had an opportunity to provide feedback. The Tribunal concluded that the changes were reasonable and in the best interests of both parties.

The Tribunal varied the SUEZ Central Coast & Hunter Commercial and Industrial Collections Agreement 2020 to reflect the new fees proposed by Suez. The Tribunal also ordered that Suez provide written confirmation of the changes to its customers. The Tribunal's decision was based on the evidence presented and the principles of natural justice, and it was binding on both parties.

Suez Recycling & Recovery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established